City of Philadelphia License Agreement

Please review and agree to this disclaimer before continuing...

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE DOWNLOADING, SHARING AND/OR DISTRIBUTING CITY OF PHILADELPHIA Geographic Information System Data ("City GIS DATA"). , YOU MUST AGREE TO THE DISCLAIMER AND ALL OTHER TERMS PROVIDED BELOW PRIOR TO DOWNLOADING CITY OF PHILADELPHIA GIS DATA. IF YOU DO NOT AGREE, YOU MAY NOT DOWNLOAD, SHARE OR DISTRIBUTE CITY OF PHILADELPHIA GIS DATA FROM THIS WEB SITE.

Disclaimer

The City of Philadelphia makes no warranty or representation, expressed or implied, with respect to the quality, content, accuracy, completeness, currency, or non-infringement of proprietary rights, of any of the GIS or other data or information, or any other materials and items, that are displayed or made available for download from the Pennsylvania Spatial Data Access (PASDA) Internet site. All such data, information, items and materials (collectively, the City GIS Data) are provided on an "as is" basis, and you are fully and solely responsible for your use of them and for any results or consequences of your use. They have been created from a variety of sources, including sources beyond the control of the City of Philadelphia, and are subject to change without notice from the City of Philadelphia. Users should be aware that the parcel dataset was created from the Philadelphia City Planning Commission's base maps and has not been updated since 1992. To the extent you use, apply, add to, modify or implement this information in your own information system or other setting, or otherwise for your own purposes, you do so at your own risk. In no event shall the City of Philadelphia or its agencies, officers, employees, agents, or representatives be liable for any damages of any kind or nature whatsoever arising from your downloading, modifying, sharing, distributing, or using of City GIS Data, including, but not limited to, direct, indirect, special, punitive, incidental, exemplary or consequential damages, even if notified of the possibility of such damages.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the City of Philadelphia and any of its agencies, officers, employees, agents or representatives from any and all liability and costs, including, without limitation, reasonable attorneys' fees, arising from your downloading, use, modification, sharing and/or distribution of the City GIS Data. You agree to cooperate fully in defense of any claim of such damages and to permit the City of Philadelphia, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you.

Service marks and trademarks are the property of their respective owners. All other information, data text, graphics, images, interfaces, and other items and materials contained in the City GIS Data, and the selection and arrangements thereof, are the property of the City of Philadelphia, which retains all trademark, service mark, copyright, patent, trade secret, and other proprietary rights therein.

Communications through the PASDA Internet Site

In no event shall any communication made through the PASDA Internet site e-mail and messaging functions, or to any person or entity identified in downloaded material constitute legal notice to the City of Philadelphia, or to any of its agencies, officers, employees, agents or representatives (including but not limited to legal notice required by federal, state, or local laws, rules, or regulations) with respect to any existing or potential claim or cause of action against the City of Philadelphia or any of their agencies, officers, employees, agents, or representative.

Applicable Law

These terms and conditions and all disputes arising under these terms and conditions shall be governed, construed and decided in accordance with the laws of the Commonwealth of Pennsylvania.

Forum Selection Clause; Consent to Jurisdiction

The Parties agree that any lawsuit, action, claim, or legal proceeding involving, directly or indirectly, any matter arising out of or related to this terms of use and disclaimer, or the relationship created or evidenced thereby, shall be brought exclusively in the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Philadelphia County. It is the express intent of the Parties that jurisdiction over any lawsuit, action, claim, or legal proceeding shall lie exclusively in either of these two forums. The Parties further agree not to raise any objection to any lawsuit, action, claim, or legal proceeding which is brought in either of these two forums. The Parties further agree that service of original process in any such lawsuit, action, claim, or legal proceeding may be duly effected by mailing a copy thereof, by certified mail, postage prepaid to the addresses specified in the Notice section below.

Waiver of Jury Trial

Parties hereby waive trial by jury in any legal proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract or otherwise) in any way arising out of or related to this terms of use and disclaimer or the relationship created or evidenced hereby. This provision is a material inducement for City to provide access to City GIS DATA.

Miscellaneous

The City of Philadelphia reserves the right to revise and change these terms and conditions at anytime and without notice.